Summary
Accident compensation was enhanced using the deceased’s proved salary certificate for the month nearest the accident, supported by bank statements. Earlier lower salary figures and the certificate’s issue by an explained sister concern did not justify discarding it where the evidence was proved and not discredited. Applying one-third deduction, 40% future prospects, multiplier 17 and conventional additions, the Court awarded Rs.45.29 lakh with 9% annual interest, divided equally between widow and mother.
Issues
- Whether the proximate salary certificate and bank statements justified higher income assessment.
- What revised compensation, interest and apportionment followed.
Held
- The claimant explained that the certificate issuer was a sister concern of the employer. The insurer did not discredit that certificate in cross-examination. Duly proved salary certificates and bank statements justified using the May 2012 net pay of Rs.23,419, proximate to the accident. (¶¶ 5, 6, 7)
- The revised computation used annual income of Rs.2,81,028, one-third personal-expense deduction, 40% future prospects, the undisputed multiplier 17 and Rs.70,000 conventional additions, yielding Rs.45,28,981. (¶¶ 7, 8)
- Compensation was rounded to Rs.45.29 lakh with 9% annual interest from the claim petition until payment. The enhanced amount with accrued interest was to be divided equally between the two appellants. (¶¶ 9, 10, 11)
Result
Appeal allowed; total compensation fixed at Rs.45.29 lakh with 9% annual interest from claim filing until payment; enhanced amount and accrued interest apportioned equally. No costs.